TVA has you covered.

Two versions of the threshold factum are available – one for the plaintiff and one for the defendant. Discounts apply when both versions are purchased. Available in an editable format, these helpful precedents will save you the time and energy you would otherwise have to spend re-inventing the wheel.

Facing a threshold motion? Contemplating bringing one?

The plaintiff’s factum is a 30-paged precedent that reads like the law portion of a factum and takes you step-by-step through the test for determining whether the plaintiff has met the threshold as set out by the Insurance Act, R.S.O. 1990, c. I.8, as amended, and its Regulations.  With 86 authorities referred to, it is a thorough and comprehensive legal argument, requiring you only to customize it with the plaintiff’s relevant injuries and limitations on a case by case basis.

The defendant’s version similarly sets out the test, but conversely focuses on the case law in which the threshold was not met. There is helpful case law dealing with the plaintiff’s credibility, for example, with the use of social media accounts, as well as case law where the threshold is not met due to pre-existing pain.

Both of these precedents were recently updated in 2024 and now conveniently include HYPERLINKS to the case law, where available, to assist with online filing.